California SB 253 & SB 261 Tracker

General Overview

• California now requires large companies to report climate information. Two 2023 laws reach any US-organized company with major revenue doing business in the state — public or private: SB 253 covers greenhouse-gas emissions; SB 261 covers climate-related financial risk.
• One law is live, the other is paused. SB 253 is in effect and first-year reporting is proceeding. SB 261 is enjoined while a First Amendment challenge plays out, so no one is currently required to file it.
• The first deadline is proposed, not final — and the comment window is open now. CARB has proposed November 10, 2026. The revised regulation carrying that date published on July 27, 2026 and is out for public comment until August 11; it becomes final only once the state’s Office of Administrative Law approves it. If you have something to say about the rules for the first filing, this is the window.
• Year one is a grace period, not a gotcha. No outside audit is required for the first report, the regulator has said it will credit good-faith efforts, and companies that genuinely weren’t tracking emissions can file a short letter saying so instead of a full report.
• The 2027 rules are taking shape. At a July 21, 2026 workshop, CARB proposed requiring only five of the fifteen Scope 3 categories in 2027, named the assurance standards it would accept, and moved to fold insurers in from 2027 — with sector-by-sector listening sessions running August 5 through September 9.

What is SB 253?

SB 253, the Climate Corporate Data Accountability Act, requires business entities organized under US law with more than $1 billion in total annual revenue that do business in California to publicly disclose their greenhouse gas emissions every year, measured under the GHG Protocol. Reporting begins in 2026 with Scope 1 and Scope 2 emissions for the prior fiscal year; Scope 3 reporting begins in 2027. Reports are filed through CARB’s designated reporting mechanism, with details set by the implementing regulation currently in revision.

What is SB 261?

SB 261, the Climate-Related Financial Risk Act, requires US-organized entities with more than $500 million in revenue doing business in California to prepare biennial climate-related financial risk reports consistent with a recognized framework (TCFD, IFRS S2, or an equivalent government-mandated regime). It is currently enjoined pending appeal, so no deadline is being enforced — though CARB’s voluntary docket remains open through December 31, 2026, and more than 100 companies have filed.

The deadline history — and why it keeps moving

The first SB 253 deadline has now been scheduled three times: CARB staff initially floated June 30, 2026; the regulation the Board adopted in February set August 10, 2026; and the June 24 bulletin proposes November 10, 2026. The mechanism behind the latest move is procedural: CARB submitted its adopted Initial Regulation to OAL on May 20, then withdrew it thirty-five days later to make limited clarifying changes — and because amending the package restarts review, the agency deferred the deadline so covered entities get adequate time after formal adoption. The pattern is the point: every operative date in this program lives in a regulation that is still moving, which is why a dated, change-logged tracker rather than a point-in-time alert is the way to follow it.

What must be in the 2026 report

Scope 1 covers emissions from sources the company owns or controls — fuel combustion, process emissions, fugitive emissions. Scope 2 covers indirect emissions from purchased energy. Scope 3 — the value chain — is not part of the 2026 report; it begins in 2027 under a separate rulemaking now in progress.

Who files, and at what level

Coverage turns on three elements: US organization, the revenue threshold, and “doing business in California” (CARB’s proposed definition tracks the Franchise Tax Board test). A parent — including a foreign parent, per CARB staff guidance — may file a consolidated report covering its in-scope US subsidiaries, though fees are assessed per in-scope entity even under consolidated reporting. Public-company status is irrelevant: private companies meeting the tests are covered on the same terms.

The trigger event happened: the 15-day changes, and what they do

The publication this page had been waiting on arrived on July 27, 2026, when CARB posted a Notice of Public Availability of Modified Text alongside the 15-Day Proposed Regulation Text. Comments close August 11, 2026. After that the package returns to OAL, and only OAL approval makes the November 10 deadline, the fee schedule, the reporting mechanism, and the “doing business” definition final — so November 10 is still proposed, and the sequence is one step from done rather than done.

Five changes matter for anyone scoping a 2026 filing.

First-year relief is now in the regulation, not just an enforcement notice. This was the open question law-firm alerts kept flagging, and CARB codified the December 5, 2024 notice at § 96076(b)(1). For the November 10, 2026 report only, an entity may file two things in lieu of the full report required by § 96076(a): (A) Scope 1 and Scope 2 emissions for the prior fiscal year “that can be determined from information the reporting entity already possesses or was already collecting on or before December 5, 2024”; or (B) a statement on company letterhead that it is not reporting because it neither possessed that information nor was collecting it by that date. Note the second limb of (A) — “was already collecting” reaches an entity that had a collection process running even if it had no finished figures. The distinction from the old position matters because enforcement discretion can be withdrawn at will, and regulation text cannot.

Scope 3 is expressly not required for 2026. Previously an inference from the statute’s 2027 start; § 96076(a) now says it outright: “Scope 3 emissions reporting is not required for 2026 reporting.”“

The revenue test narrowed. Under § 96072(a)(13), “revenue” carries the meaning of “gross receipts” in Revenue and Taxation Code § 25120(f)(2), is evaluated at the individual business-entity level, and excludes intercompany transactions between entities of the same combined reporting group as described in 18 CCR § 25106.5-1. A group that cleared the $1B or $500M threshold partly on internal flows may now fall outside it — which makes re-running the coverage test a live exercise, not a settled one. “Doing business in California” (§ 96072(a)(8)) is likewise now evaluated entity by entity.

A parent can file once for the group. Under § 96076(a), reports “may be consolidated at the parent company level,” and a subsidiary that independently qualifies as a reporting entity under § 96072(a)(11) “is not required to prepare a separate report” where the parent consolidates. Fee payment may be consolidated the same way, keyed to § 96072(a)(5).

The 2026 fee clock moved. The Executive Officer’s written fee determination notice shifts from September 10 to December 10, 2026, with payment due “within 60 calendar days of the fee determination notice date” — the notice date, not the date of receipt, which is the stricter reading of the two.

Two narrower definitional changes round it out, both in § 96072(a)(8): wholesale sales of electricity occurring in interstate commerce do not count toward an entity’s California sales under R&TC § 23101(b)(2), and the word “taxpayer” in R&TC § 23101(b) “is substituted with the term ‘business entity’” — which matters for entities that are not themselves taxpayers.

CARB also committed at the July 21 workshop to filing infrastructure by September 1, 2026 — a voluntary online intake platform for fee contact information and emissions reporting, a guidance document, and an instructional video.

The 2027 regime is taking shape — the July 21 workshop

The same workshop previewed the “Subsequent Regulation” — the separate rulemaking that will govern reporting in 2027 and beyond — in the most concrete terms so far. Three proposals stand out. Scope 3 starts narrow: responding to feedback that assessing all fifteen GHG Protocol categories from 2027 poses data-availability and cost problems, staff propose requiring only the five most commonly reported categories — purchased goods and services (Category 1), fuel- and energy-related activities (Category 3), waste generated during operations (Category 5), business travel (Category 6), and employee commuting (Category 7) — with the other ten voluntary. Assurance gets named standards: beginning with reports submitted in 2027, Scope 1 and 2 disclosures require limited assurance from an independent third party conducted in full conformance with one of five standards — AA1000AS v3, AICPA AT-C Section 210, ISAE 3410 in conjunction with ISAE 3000 (Revised) for engagements commencing before December 15, 2026, ISSA 5000 for engagements commencing on or after that date, or ISO 14064-3:2019 with additional accreditation requirements; a reasonable-assurance engagement satisfies the requirement. Insurers come off the sidelines (next section). All of this is proposal-stage — the Subsequent Regulation has not been formally proposed — but the workshop set its schedule: the staff proposal (staff report, economic analysis, and full draft regulatory text) publishes this fall for a 45-day public comment period, with Board consideration targeted by the end of the year, and six sector-specific listening sessions run August 5 through September 9, 2026 before it lands.

Four further points from the workshop Q&A worth having on record. Staff propose November 10 as the recurring annual reporting deadline for 2027 and onward, not just 2026 — explicitly open to feedback. The baseline year would be 2027, the first year of reporting under the program. The five required Scope 3 categories come with a data-exclusions provision — emissions may be excluded where the omission could not reasonably be expected to influence users’ understanding, applying the GHG Protocol’s five accounting principles — so “required” is not “exhaustive,” and staff confirmed the statute limits Scope 3 penalties to non-filing. And on interoperability’s limits: because California regulations cannot dynamically incorporate a standard’s future revisions, CARB will freeze references at the versions in effect at adoption — notably the 2015 Scope 2 guidance, not the pending GHG Protocol update. The workshop slides, notice, and recording are linked in the primary sources below.

First-year flexibility: what CARB has said, and where it lives

It now lives in the regulation text. For most of this program’s life, first-year relief sat in enforcement statements — CARB’s repeated assurance that it would exercise discretion for good-faith submissions, plus the December 5, 2024 enforcement notice permitting a company that was not collecting emissions data, and not planning to, to file a letter saying so instead of a report. Law-firm alerts consistently flagged the gap: discretion can be withdrawn without process, and commenters at the February 2026 hearing asked CARB to codify it.

The 15-day changes posted July 27, 2026 do exactly that. The inaugural report may be satisfied three ways: a full report; the emissions data the entity actually held as of the December 5, 2024 notice; or a statement that it held none. The substance is what the enforcement notice described — what changed is its legal footing, and that is the part worth acting on. Regbase describes the options; whether and how a particular company relies on one is a question for counsel against the regulation text itself.

Settled vs. proposed

Settled (statute): the $1B and $500M thresholds, annual Scope 1 & 2 disclosure from 2026, Scope 3 from 2027, the GHG Protocol as the measurement framework, and penalties up to $500K (SB 253) and $50K (SB 261) per year. SB 253 remains in effect — the Ninth Circuit declined to enjoin it.

Proposed, now out for comment (15-day changes, July 27 2026): the November 10, 2026 deadline, the reporting mechanism, the fee schedule and its new December 10 notice date, the “doing business in California” definition, the narrowed revenue test, parent-level consolidated reporting, and the codified first-year relief. These are past the drafting stage and in front of the public, but OAL has not approved them — comments close August 11, and the package can still change.

Previewed only (Subsequent Regulation, not yet proposed): the 2027 Scope 3 phase-in, the named assurance standards, insurer treatment from 2027, the recurring November 10 deadline, and the 2027 baseline year. Staff proposal due this fall on a 45-day comment period.

Ongoing litigation

In U.S. Chamber of Commerce v. Sanchez, No. 25-5327, business groups challenge both laws, principally on First Amendment grounds. The district court denied a preliminary injunction in August 2025; on November 18, 2025, the Ninth Circuit enjoined SB 261 pending appeal but declined to enjoin SB 253. Oral argument was held January 9, 2026 — with the panel probing whether emissions reporting is factual operational data or compelled ideological speech — and a ruling is awaited. If the Ninth Circuit affirms the denial as to SB 261, the appellate injunction dissolves and CARB can reinstate SB 261 enforcement. Summary-judgment proceedings continue in the district court in parallel.

The insurance-exemption question

A gray area that just moved: SB 261’s statute expressly addresses insurance companies; SB 253’s statute contains no express carve-out; yet the withdrawn regulation exempted insurers from both laws. At the February hearing — over objections from the laws’ own authors — the Board retained the exemption but directed staff (Resolution 26-1) to evaluate it with the Department of Insurance. On July 21, staff reported back: CDI reporting may not satisfy SB 253 in future years, because it includes neither Scope 3 nor assurance. Their proposal — beginning in 2027, insurers may submit one report satisfying both CDI and SB 253 requirements, supplementing wherever the CDI report falls short of CARB’s regulation. The 2026 exemption stands; the 2027 treatment awaits the Subsequent Regulation’s formal proposal.

How companies are preparing

Law-firm alerts broadly converge on treating November 10, 2026 as the working target while flagging that it is proposed, not settled; continuing Scope 1 & 2 data assembly under the GHG Protocol on the prior fiscal year; and documenting what was being collected as of December 5, 2024, given how CARB has described its first-year expectations. On the SB 261 side, the 100+ voluntary filings show a substantial cohort proceeding despite the injunction. Regbase reports these observable postures; it does not advise on them.

FAQ

What exactly is due on November 10, 2026? The first annual SB 253 report: Scope 1 and Scope 2 emissions for the prior fiscal year, measured under the GHG Protocol — if the proposed deadline survives the 15-day comment period and OAL approval.

Could the deadline move again? Yes. November 10 is a proposal, and CARB has moved the date twice already.

Do we need third-party assurance for the first report? No. No assurance is required for the first-year 2026 Scope 1 & 2 report. Limited assurance phases in for later years, with reasonable assurance from 2030 under the proposed framework.

Is Scope 3 part of the 2026 report? No — Scope 3 begins in 2027 under the separate Subsequent Regulation, whose staff proposal is due this fall with a 45-day comment period; Board consideration is targeted by the end of 2026.

Is SB 261 enforceable right now? No — it is enjoined pending appeal, and no deadline is being enforced. CARB’s voluntary docket remains open through December 31, 2026.

What if we never started collecting emissions data? CARB’s December 2024 enforcement notice describes a letter option for companies not collecting (and not planning to collect) data as of December 5, 2024. This is enforcement discretion, not regulation text — a distinction law-firm alerts consistently flag.

Are private companies covered? Yes. Coverage turns on US organization, revenue, and California nexus — not public-company status.

Changelog

• August 4, 2026 — The revised Initial Regulation published July 27; comments close August 11. CARB posted a Notice of Public Availability of Modified Text and the 15-Day Proposed Regulation Text on July 27, 2026 — the trigger event this page had been tracking as pending. Five substantive changes: first-year relief is codified into regulation text (full report, data held as of the December 5, 2024 notice, or a statement that none was held), Scope 3 expressly not required for 2026, the revenue test narrowed (measured at individual business-entity level; intercompany transactions within a combined reporting group excluded), parent-level consolidated reporting permitted with subsidiaries that independently qualify relieved of separate filing, and the 2026 fee determination notice moved from September 10 to December 10, 2026 with payment due 60 calendar days after receipt. Two definitional changes: the wholesale-electricity exclusion now applies only to interstate-commerce transactions, and “doing business in California” is framed around a “business entity” rather than a “taxpayer.” November 10 remains proposed pending OAL approval. Corrects this page’s prior statement that the revised text and its comment notice remained unpublished — that was accurate when written on July 28 but the notice had posted the day before. Ninth Circuit: still no ruling.
• July 28, 2026 — CARB’s July 21 workshop previewed the 2027+ regime and set a September 1 date for 2026 filing infrastructure. Scope 3 phase-in proposed: only five of fifteen GHG Protocol categories required in 2027 (purchased goods & services, fuel- and energy-related activities, waste, business travel, employee commuting), the rest voluntary. Limited assurance of Scope 1 & 2 proposed from 2027 reports under five named standards (AA1000AS v3, AICPA AT-C 210, ISAE 3410/3000 pre-Dec. 15 2026, ISSA 5000 after, ISO 14064-3:2019). Insurance update per Board Resolution 26-1: staff found CDI reporting may not satisfy SB 253 from 2027 and propose a single dual-purpose report, supplemented where CDI falls short. CARB committed to a voluntary online intake platform, guidance document, and instructional video by September 1, 2026; six sector listening sessions run August 5–September 9. From the workshop Q&A: the Subsequent Regulation’s staff proposal (staff report, economic analysis, full draft text) publishes this fall for a 45-day comment period, with Board consideration targeted by year-end; November 10 is proposed as the recurring annual deadline for 2027+; the baseline year would be 2027; the five required Scope 3 categories carry a data-exclusions provision, and the statute limits Scope 3 penalties to non-filing; regulatory references will freeze at versions in effect at adoption — notably the 2015 Scope 2 guidance, not the pending GHG Protocol update. The revised Initial Regulation and its 15-day comment notice remain unpublished — November 10 is still proposed, not final. Verified against CARB’s workshop slides, public notice, and full recording/transcript (linked below); full analysis →. Ninth Circuit: still no ruling.
• July 13, 2026 — Accuracy and format pass. Corrected the SB 261 voluntary-filing count to 100+ (previously overstated as 170+); updated the CARB program, rulemaking, and enforcement-notice links to the renamed program pages; repointed the Ninth Circuit docket link (case No. 25-5327 confirmed); added the plain-English summary section.
• July 8, 2026 — Page launched. Current status: revised regulation text and 15-day comment notice not yet published; no Ninth Circuit ruling. Regulation lifecycle to date: December 26, 2025 proposal → February 26, 2026 adoption → May 20 OAL submission → June 24 withdrawal for revision. Fee notices to be issued by September 10 with 60 days to pay; 100+ voluntary SB 261 filings.

Primary sources: CARB Climate Disclosure Program · July 21, 2026 workshop slides (CARB) · July 21 workshop notice (CARB bulletin) · July 21 workshop recording · CARB program news (June 24, 2026 deadline deferral) · CARB SB 253/261 rulemaking materials — incl. the July 27, 2026 Notice of Public Availability of Modified Text and 15-Day Proposed Regulation Text · CARB FAQ (updated June 2026) · CARB enforcement notice (Dec. 5, 2024) · Case docket — Chamber of Commerce v. Sanchez, No. 25-5327 (Climate Case Chart) · HSC § 38532